Submissions on the alternative dispute resolution bill, 2021

Dated 21 July 2021

Purpose of the Bill

‘A Bill for AN ACT of Parliament to provide for the settlement of civil disputes by conciliation, mediation and traditional dispute resolution mechanism; to set out the guiding principles applicable; and for connected purposes’

Proposed amendment

The proposed title be amended to incorporate other ADR mechanisms and read as follows:
“AN ACT of Parliament to provide for the settlement of civil and criminal disputes by diversion, conciliation, mediation, negotiation and arbitration.

Justification

The proposed Alternative Dispute Resolution Bill does not recognize conclusively other mechanisms of ADR such as negotiation, diversion and arbitration.

The title of the bill which spells out its purpose and scope does not incorporate ADR in prosecution of criminal cases.

It is noteworthy that the Directorate of Public Prosecution has incorporated alternatives to criminal prosecution through the National Prosecution Policy and the Diversion Policy.

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